Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
March 8, 2004
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 3423
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (the “Cure Claim”) filed by Elmwood Village Center, landlord (the “Landlord”) under the lease (the “Lease”) of the property described as Store No. 3423, New Orleans, LA; and Kmart Corporation (“Kmart”) having filed an objection to such Cure Claim; and the Court being advised that Landlord and Kmart have resolved the Cure Claim as of May 6, 2003; and after due deliberation and sufficient cause appealing therefore, it is hereby
ORDERED that Landlord shall have an allowed Cure Claim in the agreed amount of $135,723.32 as of May 6, 2003. The parties acknowledge that Kmart has already paid $5,520,32 of this amount. Kmart shall pay Landlord the agreed amount of $130,203.00 representing the unpaid balance of the Cure Claim within ten (10) days of the date of entry of this Order. Payment shall be sent to Landlord c/o Brent Wyatt, Lemle Kelleher, LLP, 601 Poydras Street, 21st Floor, New Orleans, LA; it is further
ORDERED that Landlord (including any assignees, designees or successors in interest) is forever barred from asserting, collecting or seeking to collect any Cure Claim amounts that as of May 6, 2003, were due and payable under the terms of the applicable lease relating to Store No. 3423, including, but not limited to, legal fees,
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costs and expenses relating to Cure Claim disputes and that Kmart (including any assignees, designees or successors-in-interest) is forever barred from asserting, collecting or seeking to collect from, or seeking the return of any amounts paid by Kmart to, Landlord pursuant to this order or in connection with the applicable lease relating lo Store No. 3423, including, but not limited to, legal fees, costs and expenses relating to Cure Claim disputes.